1. Application of Conditions
All quotations given, orders accepted and all Contracts entered into are subject to these Conditions.
2. Quotations and Orders
2.1 Quotations are for the whole of the Goods for which quotations are given by the Company and the Company may refuse to accept any order which is not for all the Goods forming the subject of the quotation.
2.2 Subject to Clause 2.1, no order shall be binding on the Company unless it has been accepted in writing by the Company.
2.3 The customer shall be responsible for ensuring the accuracy of any order, including any applicable specification.
2.4 The Company reserves the right to update and/or amend any design, specification or construction of the Goods without notice to the Customer.
2.5 The Customer shall be responsible for determining the suitability of the Goods for their intended purposes.
2.6 Cancellations and alterations to order may be accepted if made in writing not more than 7 days after order is placed, and at least 30 days prior to due delivery/shipment. Advance payments will not be refundable, and where alteration to original order is made additional payments may be required.
2.7 Returns and Allowances
(i) No repairs should be performed or merchandise returned to us without prior written authorisation from our Head Office
(ii) No merchandise is to be returned to the factory without written authorisation from our Head Office.
(iii) No allowances will be made for packing and handling charges on furniture being returned to us.
(iv) We will accept no merchandise returned to us for credit. If the merchandise is defective and the return is authorised, we will replace or repair the items involved.
(v) Our liability for defective merchandise shall be limited to the replacement or repair of that merchandise, and we shall be liable for no other damage or losses.
2.8 All goods delivered shall remain our property and no rights may pass to third parties until such time as payment is received by us in full for goods.
3.1 The Company shall deliver the Goods to such premises as the Company shall agree in writing at any time after the Company has notified the customer that they are ready for delivery. If the Customer requires delivery to premises other than its own premises, the Customer must confirm this in writing.
3.2 If the Customer requests a change in delivery date within 48 hours of the agreed delivery date, then the Company shall be entitled to charge an administrative fee of either 25% of the Price or the Company’s administrative charge in force from time to time, whichever is greater.
3.3 If the Customer fails to take delivery of all or part of the Goods, the Customer shall pay the Company all costs and expenses arising from such failure including without limitation a reasonable charge for storage, insurance and transportation costs and an administrative charge of either 15% of the Price or the Company’s administrative charge in force from time to time.
4. Risk and Title in Goods.
4.1 The Customer grants the Company, its agents and employees and irrevocable licence to enter any premises where the Goods are stored to inspect the Goods or, where the Customer’s right to possession has terminated, to recover the Goods.
5.1 The Customer shall pay to the Company, in addition to the Price, all costs and charges relating to carriage, packing, insurance and VAT (‘the Costs and Charges’)
6. Terms of Payment
6.1 Unless otherwise agreed by a duly authorised representative of the Company in writing the Customer shall pay the Price and the Costs and Charges in line with their predetermined terms. The time for payment of the Price and the Costs and Charges shall be of the essence of the Contract.
6.2 The Company shall submit its invoice on or at any time after the despatch of the Goods from the Company’s premises, save that where delivery or performance has been postponed at the request of or due to the default of the Customer, then the Company may submit its invoice for the Goods at any time after the Goods are ready for delivery or would have been ready in the ordinary course but for the request or default of the Customer.
6.3 Where Goods are delivered by instalments the Company may invoice each instalment separately and the Customer shall pay such invoices in accordance with these Conditions.
6.4 Any failure by the Customer to pay any sums due and payable by it under the Contract when due shall entitle the Company to:
6.4.1 suspend without notice deliveries of Goods under this or any other Contract with the Customer for so long as the default continues; and/or
6.4.2 recover the goods; and/or
6.4.3 amend its terms of payment for future delivery of the Goods; and/or
6.4.4 charge the Customer interest both before and after any judgement (calculated annually but accruing on a daily basis).
7. Short Delivery and Defects
Apparent on Inspection
7.1 The Customer shall have no claim for shortages, defects or other damage apparent on visual inspection unless the Customer;
7.1.1 inspects the Goods within 3 working days of arrival at its premises and notifies the Company of the claim orally and in writing within 24 hours of reporting verbally.
7.1.2 Special Terms: due to the nature of our products, all goods must be carefully examined at the time of the delivery and any chips, scratches, dents, cracks, breaks or other damage or other defect must be noted on our delivery note and countersigned by our delivery man/carrier/shipper otherwise we cannot entertain claims based on any of these causes. Furthermore, we cannot accept ‘unexamined’ signatures nor claims for damage whatsoever after delivery. General: Sometimes the only proof that an item is genuine is the natural imperfections themselves. We feel our obligation to the customer is to produce furniture within quality standards commensurate with price. We are constantly striving to provide the best quality possible for the price, but ultimate perfection is not practical because it would make the cost prohibitive.
7.2 If the Company is satisfied that the defect or damage notified in accordance with Clause 7.1 is not due to damage in transit or due to the acts or omissions of the Customer or any third party, the Company shall at its option repair or replace free of charge and within a reasonable time any Goods lost in transit or found to be defective or damaged on visual inspection.
8.1 The respective warranty periods for different Goods and parts thereof shall be as set out the Company’s sales brochure current at the time that the Contract is entered into (‘the Warranty Period’).
8.2 Typically: Moving parts carry a 3 year warranty; upholstery and foam carry a 2 year warranty.
9.1 Under no circumstances shall the Company be liable, for breach of contract in tort (including negligence) or otherwise, for any loss of profit, revenue, savings, goodwill, business or other financial loss of any kind, or for any indirect or consequential loss whatsoever arising out of or in connection with the Contract.
DATA PROTECTION ACT
To comply with the terms of the Data Protection Act we are required to advise you that we may search your record at one or more credit reference agencies from time to time. This information is recorded for credit insurance purposes and for our sole use.